No Local Work Permit Required: Vander Elst Rules for Non-EU Posted Workers

Cross-border subcontracting in Europe increasingly relies on non-EU citizens. Under the Vander Elst doctrine, third-country nationals who are lawfully employed and residing in one EU member state can be temporarily posted to another EU member state without needing a new local work permit. This rule facilitates rapid labor deployment, addressing critical shortages in construction, transport, and manufacturing.

The scale of this mobility is significant. The main sending countries for posted third-country national workers in the EU are Poland, Slovenia, and Spain. Bosnian and Ukrainian citizens represent the most common nationalities among these mobile workers. Understanding how to move this workforce legally is essential for maintaining supply chains without violating national immigration laws.

The legal foundation of this mobility is not new. The Vander Elst principle originated from a 1994 European Court of Justice ruling in Case C-43/93, Raymond Vander Elst v. Office des Migrations Internationales. The case involved a Belgian demolition company that posted Moroccan employees to a project in France. French authorities attempted to penalize the employer for not securing local French work permits.

The European Court of Justice ruled in favor of the employer. It has consistently held that requiring a local work permit for posted third-country nationals violates Article 56 of the Treaty on the Functioning of the European Union, which guarantees the freedom to provide services. Member states cannot restrict a foreign employer's right to perform services by imposing administrative burdens that duplicate protections already managed by the sending state.

Over the years, host countries have tried to restrict this freedom by requiring workers to have long-standing ties to the sending employer. However, the court has consistently struck down these barriers. In Case C-244/04, Commission v Germany, the European Court of Justice ruled that requiring a minimum period of prior employment with the posting employer, such as 12 months, before a worker can be posted is disproportionate and unlawful. This established that even newly hired non-EU workers can be posted immediately, provided they are lawfully employed.

While local work permits are not required, host countries can still enforce administrative and stay requirements, such as a temporary residence permit or a specific Vander Elst visa, depending on the assignment's duration. These rules vary by country, making compliance a complex task. For example, the European Commission is currently pursuing an infringement procedure against Germany. The Commission argues that Germany's requirement for third-country nationals to obtain an additional Vander Elst visa for postings of up to 90 days violates the freedom to provide services and Schengen rules.

Despite this ongoing dispute, German national law dictates specific pathways. Under Section 17a of the German Residence Ordinance, third-country nationals with long-term resident status in another EU member state are exempt from the visa requirement for temporary service provision in Germany for up to 90 days in a 12-month period. However, for third-country nationals without long-term resident status, Germany still requires a Vander Elst visa, which is issued as a Schengen Type C or National Type D visa, prior to entering the country to provide services.

Spain has taken a different approach to codifying these rights. Spain officially incorporated the Vander Elst Principle into its new Immigration Regulation, which entered into force on May 20, 2025, defining it explicitly as a work permit exemption. For assignments under 90 days in any 180-day period, a Schengen visa may be required for third-country nationals residing in non-Schengen EU countries, such as Ireland. Conversely, workers posted from Schengen states typically only need a prior posted worker notification before starting their tasks in Spain.

In Belgium, the regulatory framework focuses heavily on social security and local registration. Third-country nationals posted under the Vander Elst exemption do not require a work permit or single permit for short-term assignments. However, they must have a right of residence of more than three months in their sending country. Upon arrival, the posted workers must register their arrival with the local municipality within three working days of entering Belgium. Employers must also file a prior LIMOSA declaration and secure a Portable Document A1 to prove social security coverage.

Moving south to Italy, the legal framework is integrated directly into national immigration statutes. The Vander Elst principle is implemented via Article 27, paragraph 1-bis of the Italian Immigration Law, also known as Legislative Decree 286/98. This specific provision allows non-EU workers to be posted outside the annual quota limits that normally restrict foreign labor entry.

Posted workers in Italy under a Vander Elst visa do not require a "nulla osta," which is the standard work permit authorization. Instead, the focus shifts to residence registration. The worker must apply for a residence permit within eight working days of arrival in the country. This ensures the Italian authorities can track the temporary stay without blocking the service provision.

The Netherlands imposes strict limits on the duration of these temporary assignments. In the Netherlands, third-country nationals can be posted as Vander Elst cases for a maximum stay of six months. To maintain this status, the worker's residence and work permit in the sending country must remain valid for the entire posting duration. Employers must ensure the worker holds a valid passport, a valid residence permit, and a work permit from the sending country to pass local labor inspections.

Ireland presents a distinct set of hurdles because it is not part of the Schengen Area. Ireland requires non-EEA nationals posted from an EU member state to obtain a Vander Elst visa in advance of travel. This visa can be granted for a maximum of 12 consecutive months, which is longer than many Schengen limits. The Irish Vander Elst visa application must be submitted online via the AVATS system up to three months before the planned travel date. Crucially, the applicant's passport must be valid for at least six months beyond their stated departure date from Ireland.

Navigating these diverse national frameworks requires a systematic approach to documentation. While the host country cannot demand a work permit, it has full authority to audit your employment records. Failure to produce the required documents during an on-site inspection can lead to heavy fines and project delays.

Employers must compile a standardized compliance file before any worker crosses a border. This file must contain up-to-date legal proofs of employment and insurance. For postings to Schengen countries, workers must carry a travel health insurance policy with a minimum coverage of €30,000, including emergency medical care and repatriation.

To ensure compliance, employers must gather and maintain the following mandatory documents:

• A Portable Document A1 to prove active social security coverage in the sending country.
• A completed prior notification, such as the LIMOSA declaration for Belgian assignments.
• The worker's home-country employment contract, showing an active, lawful employment relationship.
• Recent payslips, time sheets, and proof of wage payments to verify compliance with local minimum wage laws.
• A valid passport and residence permit from the sending EU member state.

The Vander Elst doctrine provides a powerful mechanism for utilizing your existing non-EU workforce across European borders. However, it is not a free pass. Every member state retains the right to police its borders and verify that postings are temporary, genuine, and legally compliant.

Employers must carefully verify local notification and registration rules to ensure fully compliant cross-border assignments. By matching the specific visa, registration, and record-keeping requirements of the destination country, companies can execute cross-border projects efficiently and without legal risk.